Minerals Development Act 2017
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Public notice of intention to make mining facilities acquisition order | ||
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116. (1) Before making a mining facilities acquisition order, the Minister shall give public notice in accordance with this section that the Minister intends to make the order and shall consider any objection that meets the requirements of subsection (3). | ||
(2) The Minister shall, for the purposes of subsection (1)— | ||
(a) deposit in the offices of the Department of Communications, Climate Action and Environment and in one or more places to which members of the public have access that are in the vicinity of the area to be affected by the proposed order a map showing the boundaries of the area and a copy of the proposed order, | ||
(b) publish once each week in 2 successive weeks in Iris Oifigiúil, in a national newspaper and in at least one newspaper circulating in the vicinity of the area to be affected by the proposed order a notice stating that— | ||
(i) the Minister intends to make the order that will compulsorily acquire an ancillary surface right or an estate or interest in specified land, | ||
(ii) a map showing the boundaries of the area to be affected by the order and a copy of the proposed order may be viewed at the places at which they have been deposited in accordance with paragraph (a) and that copies can be obtained at an office of the Department of Communications, Climate Action and Environment, specified in the notice, on payment of a fee, and | ||
(iii) any person claiming to have an estate or interest in the area to be affected by the proposed order may send written objections that meet the requirements of subsection (3) to the Minister at an address specified in the notice, | ||
and | ||
(c) make reasonable efforts to deliver to all occupied dwellings and business premises within one kilometre of the boundaries of the area to be affected by the proposed order and, if there is registered land within that area, to the registered owners of that land a notice that— | ||
(i) contains the information set out in paragraphs (b)(i) and (iii), | ||
(ii) includes a map showing the boundaries of the area to be affected and a copy of the proposed order, and | ||
(iii) invites any person claiming a right to compensation under section 122 to notify the Minister of his or her claim at an address specified in the notice and within the time specified by the Minister. | ||
(3) The Minister shall consider only those objections that— | ||
(a) are in writing from persons claiming an estate or interest in the affected land and have been delivered to the address specified in the notice within 28 days after the first date of publication of the notice in Iris Oifigiúil, | ||
(b) in the case of an ancillary surface right, relate to whether the right is necessary for the efficient working of the minerals, | ||
(c) in the case of an estate or interest in land, relate to whether the estate or interest is necessary for an operational purpose, and | ||
(d) do not relate to compensation or matters to be addressed in permissions, licences or other forms of authorisations under— | ||
(i) the Planning and Development Acts 2000 to 2016, | ||
(ii) the Environmental Protection Agency Acts 1992 to 2011, | ||
(iii) the Local Government (Water Pollution) Acts 1977 to 2007, | ||
(iv) the Air Pollution Act 1987 , | ||
(v) the Waste Management Acts 1996 to 2011, | ||
(vi) the Waste Management (Management of Waste from the Extractive Industries) Regulations 2009, or | ||
(vii) the European Communities (Birds and Natural Habitats) Regulations 2011. | ||
(4) The Minister shall determine the fee to cover the cost of providing copies referred to in subsection (2)(b)(ii). |